At-Tawasuth https://ejournal.ibntegal.ac.id/index.php/tawasuth <p>At-Tawasuth is a peer reviewed journal published by Faculty of Sharia and Law, Institut Agama Islam Bakti Negara Tegal.</p> <p>At-Tawasuth, which is published twice a year (April-October), places Islamic law as the central focus of academic inquiry and invites comprehensive observation of Islamic law from various points of view, such as normative, philosophy, history, sociology, anthropology, theology and psychology. This journal, which functions as a forum for the study of Islamic law in local and global contexts, supports focused studies on certain themes and interdisciplinary studies.</p> <p>ISSN 2721-4966</p> en-US [email protected] (A. Komarudin) [email protected] (Masykur Rozi ) Mon, 02 Mar 2026 00:00:00 +0000 OJS 3.3.0.15 http://blogs.law.harvard.edu/tech/rss 60 PEMENUHAN KEWAJIBAN NARAPIDANA TERHADAP KELUARGA DI LEMBAGA PEMASYARAKATAN KELAS II B SLAWI DAN RELEVANSINYA DENGAN MAQASHID SYARIAH https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2194 <p><strong><em>Abstrak</em></strong></p> <p><em>This study examines the fulfillment of inmates' obligations to their families at the Class II B Slawi Penitentiary and its relevance to the concept of maqasid sharia. The study focuses on the important role of inmates as husbands and heads of families in maintaining the resilience, harmony, and emotional stability of their households, even during their sentences. The study employed qualitative methods with a case study approach. Data were collected through in-depth interviews with six male inmates, correctional officers, and their families, as well as through observation and documentation studies. The results indicate that inmates can still fulfill their obligations, albeit limited to non-material aspects such as communication, advice, emotional support, and long-distance caregiving. These efforts align with the principles of maqasid sharia, namely safeguarding religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal). The study recommends that the Class II B Slawi Penitentiary strengthen family development, expand communication access, and provide comprehensive psychosocial support for inmates.</em></p> M. Dodi Alfianto dodi, A. Komarudin Komar Copyright (c) 2025 at-tawasuth: Jurnal Kajian Islam dan Pemikiran Hukum Islam https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2194 Mon, 02 Mar 2026 00:00:00 +0000 HAK DAN KEWAJIBAN ISTRI DALAM PERAN DOMESTIK ANALISIS GENDER DALAM PERSPEKTIF K.H. HUSEIN MUHAMMAD DAN ASGHAR ALI ENGINEER https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2204 <p><em>This study examines the thoughts of K.H. Husein Muhammad and Asghar Ali Engineer regarding the rights and obligations of wives in domestic roles within gender relations in Muslim families. The study is motivated by the persistence of patriarchal understandings that place women in subordinate positions and assign domestic responsibilities exclusively to wives. It aims to analyze and compare the perspectives of both figures in offering frameworks of justice and gender equality through contextual interpretations of Islamic teachings.</em></p> <p><em>The research employs a descriptive qualitative method with a literature review and biographical (figure-based) study approach. The data are analyzed using gender perspectives, contextual hermeneutics, and principles of justice in Islam. The findings indicate that both figures reject the notion of wives’ domestic roles as an absolute natural destiny. They emphasize the importance of dividing household roles based on the principles of mutuality (mub?dalah), justice (‘ad?lah), and deliberation (musyawarah). The difference lies in their approaches: K.H. Husein Muhammad emphasizes maq??id al-syar?‘ah and local context, while Asghar Ali Engineer advances liberation theology and critical hermeneutics.</em></p> Tri Nandha Prayuda, Irfan Musthofa Copyright (c) 2025 at-tawasuth: Jurnal Kajian Islam dan Pemikiran Hukum Islam https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2204 Wed, 04 Mar 2026 00:00:00 +0000 ASIMETRI HAK PERCERAIAN DALAM KHI: TINJAUAN GENDER DAN HAK ASASI MANUSIA https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2202 <p>This article examines the asymmetry of divorce rights in the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) from the perspectives of gender and human rights. The KHI grants husbands the normative right to pronounce divorce (?al?q), while wives may only access divorce through judicial proceedings by filing a lawsuit and fulfilling specific legal requirements. This legal arrangement creates an imbalance in the legal position of spouses within marriage. This study employs normative legal research with statutory, conceptual, gender, and human rights approaches. The findings indicate that the asymmetry of divorce rights in the KHI results in gender injustice and potentially conflicts with the principles of equality before the law and non-discrimination, as guaranteed by the Indonesian Constitution and international human rights instruments, particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Therefore, this article argues for the necessity of reforming Islamic family law through a reinterpretation of divorce regulations that emphasize substantive justice, gender equality, and human rights protection while remaining consistent with Islamic values.</p> Irfan Mustofa Copyright (c) 2025 at-tawasuth: Jurnal Kajian Islam dan Pemikiran Hukum Islam https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2202 Wed, 04 Mar 2026 00:00:00 +0000 PERAN WANITA KARIER DALAM MENJAGA KEHARMONISAN KELUARGA PERSPEKTIF HUSEIN MUHAMMAD DAN ABDUL WAHAB AL BANDARY https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2205 <p><em>Islam came to restore the honor, dignity, and rights of women for all time. Many women choose to pursue careers, especially married women. This condition places women in multiple roles that may give rise to new issues and make their responsibilities increasingly complex. In addition to fulfilling their obligations within the household, women also bear the burden of completing tasks and responsibilities in the professional sphere. This research is a socio-juridical study employing a figure-based approach, with data presented using a descriptive-narrative technique. The data obtained were analyzed using content analysis to examine the views of Husein Muhammad and Abdul Wahab Al-Bandary regarding the concept of career women.</em></p> <p><em>The results indicate that women are permitted to pursue careers and work outside the home because they possess rights and potential that can be actualized in the same way as men. However, this does not mean that women should neglect their primary roles as wives and mothers, in which these primary roles are centered on maintaining family welfare and harmony. Islam is a flexible religion that evolves in accordance with the development of the times. The phenomenon of career women is a contemporary reality of life that contains inherent values of wisdom.</em></p> Achmad Dhaniar Ramdan, Sururi Copyright (c) 2025 at-tawasuth: Jurnal Kajian Islam dan Pemikiran Hukum Islam https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2205 Wed, 04 Mar 2026 00:00:00 +0000 ANALISIS MAQASHID SYARI’AH TERHADAP PRAKTIK WALIMATUL URSY https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2203 <p><em>This study discusses the practice of Walimatul ‘Ursy in Padasari Village, Jatinegara District, Tegal Regency, and its relevance to maq??id al-syar?‘ah. Walimatul ‘Ursy, as a sunnah muakkadah, has both devotional and social dimensions; however, in practice it often faces challenges in the form of excessive tendencies that may burden the community. This study aims to examine the implementation of Walimatul ‘Ursy, understand the objectives of Islamic law behind its recommendation, and analyze its conformity with maq??id al-syar?‘ah so that the tradition remains aligned with Islamic values.</em></p> <p><em>The research employs a qualitative method with a field study approach. Data were collected through interviews with community leaders, walimah organizers, and family members, as well as through observation and documentation. Data analysis was conducted descriptively and analytically using a maq??id al-syar?‘ah approach that emphasizes public welfare (ma?la?ah).</em></p> <p><em>The results show that the practice of walimah in Padasari Village represents a combination of local customs and Islamic teachings through processions such as tandur manten, tahlilan, srakalan, and religious sermons. This tradition reflects the values of ?if? ad-d?n (protection of religion), ?if? al-nafs (protection of life), ?if? al-‘aql (protection of intellect), ?if? al-m?l (protection of wealth), and ?if? al-nasl (protection of lineage). Nevertheless, collective awareness is still needed to avoid extravagance so that the implementation of walimah remains in line with the primary objectives of Islamic law.</em></p> Rouf Ibrahim Al-as’ad, Zaki Mubarok Copyright (c) 2025 at-tawasuth: Jurnal Kajian Islam dan Pemikiran Hukum Islam https://ejournal.ibntegal.ac.id/index.php/tawasuth/article/view/2203 Wed, 04 Mar 2026 00:00:00 +0000